District court's dismissal of appellant's facial constitutional challenges to the Unlawful Internet Gambling Enforcement Act of 2006 (Act) is affirmed where: 1) the Act is not void for vagueness as it clearly provides a person of ordinary intelligence with adequate notice of the conduct that it prohibits; and 2) district court did not err in rejecting plaintiff's claim that the Act violated a constitutional right of individuals to engage in gambling related activity in the privacy of their homes in holding that Interactive lacked standing to assert the rights of third party. Even assuming that Interactive has third party standing, its claim clearly fails on the merits.
On Appeal from the United States District Court for the District of New Jersey (D.C. No. 3-07-cv-02625)
District Judge: Honorable Mary L. Cooper
Argued July 7, 2009
Opinion Filed September 1, 2009
Counsel for Appellant: Eric M. Bernstein, Stephen A. Saltzburg
Counsel for Appellee: Nicholas J. Bagley, Jacqueline E. Coleman